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Southern Idaho Fish & Game Ass'n v. Picabo Livestock Co.

Citation: 2 ELR 20472
(Idaho Dist. Ct., 06/15/1972)

An owner of land under a patent expressly "subject to vested and accrued water rights for mining, agricultural, manufacturing or other purposes" may not bar members of the public from using the stream for fishing and boating purposes. The state ought to regulate fishermen's use of a particular stream, but even in the absence of such regulation, the land owner cannot prevent members of the public from using the stream.